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The Law OF Fraud and Mistake
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The Law OF Fraud and Mistake
By
Kerr
When some eighty years have elapsed since the first publication of a legal textbook, those who have undertaken the task of preparing a new edition must carefully set their course. The late Dr. Stallybrass in the first edition of Salmond on Torts for which he was responsible, spoke of the twin hazards, Scylla and Charybdis, between which all editors must steer. Scylla is that form of ancestor worship worship which deferentially preseryes the ipsissima verba of the author after the development of the law has rendered them obsolete or even positively misleading. Charybdis is the substitution of editorial views, which are not in any way authoritative, for the weightier views of the distinguished author. In the present case the editors early formed the view that the book was pointing towards Scylla, and feared that further pruning of dead wood and replacement by new growth would produce a result which lacked the form the author gave it, and resembled Topsy who \"just growed\". They now hope that in changing course they have not steered too close to Charybdis. A reader of the present edition who was familiar with earlier editions of this work will find they lay-out greatly changed. The editors have rearranged the book so that, where possible, all passages dealing with any particular topic will be found together and repetition avoided. In particular, the book is now a composite work on fraud, misrepresentation and mistake instead of one where fraud and mistake were dealt with as separate subjects. Every representation, fraudulent or innocent, for which the Acts give relief, leads to what is in fact a mistake. The editors believe that the practitioner dealing with any particular set of facts will often be concerned with both fraud and mistake, and will find it convenient to have them dealt with together.
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